CONSTITUTIONALISM BACKWARD - HERMENEUTIC CONSIDERATIONS ABOUT THE (MISTAKEN) CONCEPTUALIZATION AND APPLICATION OF NEOCONSTITUTIONALISM IN BRAZIL

Abstract

Law is dynamic. So are the ideological relationships that personify him. The main objective of this work is to carry out an investigation about the legal phenomenon of neoconstitutionalism in Brazil. By accessory, the hermeneutic terrain in which this phenomenon emerges and develops will be outlined. The concept, delimitation and application of constitutionalism will be analyzed while overcoming the legal positivism present in the war scenario of the Second World War. The conceptualization outlined by Streck on the subject will be shown, when he defines as Contemporary Constitutionalism this transition from the legislative power to the judiciary. Three main characteristics that form this phenomenon will be highlighted, which are the disbelief in other powers; the long-winded Brazilian legal system and, finally, judicial activism. The work is justified by the relevance it assumes in the social, political, academic and economic context. The research methodology was deductive, data collection was performed qualitatively and the theoretical reference was the bibliography.